Maxim's suing to stay open

Friday

May 29, 2009 at 12:01 AM

STOCKTON - The Brookside restaurant Maxim's claimed in a federal lawsuit Thursday that City Hall's restriction of live entertainment at places such as Maxim's is unconstitutional, and it asked the court to block Stockton from prohibiting amplified music and dancing there.

David Siders

STOCKTON - The Brookside restaurant Maxim's claimed in a federal lawsuit Thursday that City Hall's restriction of live entertainment at places such as Maxim's is unconstitutional, and it asked the court to block Stockton from prohibiting amplified music and dancing there.

The City Council last week denied Maxim's bid for a live entertainment permit. The restaurant, which opened in Brookside Business Park last year, drew crowds of 300 people or more some weekend nights, the noise and hip-hop music disturbing Brookside residents who lobbied the council against it.

A U.S. District Court judge is scheduled today to hear Maxim's request to allow music and dancing to go on temporarily until the case is decided, said David LeBeouf, a lawyer for the restaurant. "We want to have music tomorrow night," he said Thursday.

City Attorney Ren Nosky said Thursday that he had not yet seen the lawsuit and could not comment on it. "We think the council had ample legal basis to take the action that they did," he said.

Maxim's said in its lawsuit that requiring a permit for live entertainment restricts free speech guaranteed by the First Amendment, the discretionary nature of the permit process affording officials "the power to regulate speech on the basis of its content."

Brookside residents hired a lawyer and organized opposition to the restaurant before last week's hearing. They said the restaurant's location was no place for a nightclub.

Restaurant representatives at the time said the restaurant would likely close as a result of the city's denial of its permit request.

Contact reporter David Siders at (209) 943-8580 or dsiders@recordnet.com.

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